Michael Patrick Knott and Andrew John Knott v. State of Indiana
2012 Ind. App. LEXIS 457
Ind. Ct. App.2012Background
- Knotts own 45 acres in Greene County, Indiana; INDOT seeks to appropriate 11.236 acres (Parcel 17) for I-69 project.
- Complaint for Appropriation filed September 14, 2011; includes request for appropriation and appointment of appraisers.
- Knotts objected; trial court granted State’s motion to substitute a scrivener’s error so Parcel 17 is described.
- Knotts’ objections included NEPA/CAA/4(f) and related federal-law challenges to the project; these were argued as improper bases to object to eminent domain.
- The State moved to strike the Knotts’ objections; trial court struck them on February 20, 2012 and entered the Order of Appropriation.
- Knotts appeal, challenging whether the Order of Appropriation is capricious, fraudulent, or illegal due to federal environmental-law concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NEPA/CAA/4(f) issues affect condemnation | Knotts contend federal laws invalidate the appropriation. | State argues federal statutes do not govern eminent domain validity. | Federal statutes do not affect condemnation; order affirmed. |
| Whether Knotts’ initial parcel description objection was cured | Objection persisted despite scrivener’s error | Court corrected description; no continuing objection. | Objection cured; not a valid challenge to the appropriation. |
Key Cases Cited
- Sagarin v. City of Bloomington, 932 N.E.2d 739 (Ind. Ct. App. 2010) (eminent domain power with limited judicial review)
- Derloshon v. City of Fort Wayne ex rel. Dep’t of Redevelopment, 250 Ind. 163, 234 N.E.2d 269 (Ind. 1968) (limits on defenses to taking)
- Reising v. City of Evansville ex rel. Dep’t of Redevelopment, 547 N.E.2d 1106 (Ind. Ct. App. 1989) (scope of review in eminent domain objections)
- Barber v. Ind. Dep’t of Conservation, 200 N.E.2d 640 (Ind. 1964) (limits on reviewing condemnation for illegality)
- Foster Co. v. Northern Indiana Public Service Co., 326 N.E.2d 584 (Ind. Ct. App. 1975) (environmental statutes not prerequisites to condemnation)
- Chambers v. Public Service Co. of Indiana, Inc., 355 N.E.2d 785 (Ind. 1976) (government approval not required before eminent domain)
- Indianapolis Power & Light Co. v. Barnard, 371 N.E.2d 409 (Ind. App. 1978) (necessity of condemnation not precluded by pending contingencies)